HIV/AIDS Clinic Drafts Standby Guardianship Bill

D.C. Councilmember Sandy Allen: "I love this Bill."

On November 27, the Human Services Committee of the D.C. Council held a hearing on proposed Bill 14-309, the "Standby Guardianship Act of 2001," drafted by UDC-DCSL's HIV/AIDS Law Clinic in collaboration with the Family Ties Project of the Consortium for Child Welfare. During the hearing, Committee Chair Sandy Allen offered her support of the Bill saying: "I love this Bill. It's the right thing to do for children of the District of Columbia."

Professor Natalie Wasserman testified for the Bill, stating that "Standby Guardianship laws exist in 21 states," and the time is "long overdue" in the District of Columbia for enacting similar legislation.

"This legislation will give chronically ill parents and legal custodians of children the opportunity to make plans for their children before they become incapacitated or die from their disease."

Up to now, the HIV/AIDS Clinic has assisted parents in making plans for their children by filing for joint custody with a trusted relative or friend. The downside of these arrangements is that parents are required to share custody when they are still able to take care of their children. Standby Guardianship allows parents to designate a "standby" for a time when they may be unable to care for their children. Parents do not have to give up any decision-making rights before a triggering event occurs, which encourages them to plan for their children's future care.

Speakers offering testimony at the hearing enthusiastically supported the Bill. Brenda Donald, Chief of Staff for D.C.'s Child and Family Services Agency, said that "Standby Guardianship provides a tool for parents to plan ahead for the future rearing of their children in the event of their own disability or death. … It provides the parents with a peace of mind - knowing that their children will be with a person they know, trust and with whom they share common values."

Ms. Donald went on to say, "This Bill has the potential to reduce the numbers of cases coming into the [child welfare] system. Diverting even one child from unnecessary involvement with the child welfare system through this legislation would render the law a success."

Laura Flegel, Director of the Legal Services Program of the Whitman-Walker Clinic, spoke in support of the Bill, stating, "Standby guardianship is about two things - planning for the future and ensuring security for our children. ... I think [the law] will provide many parents and many children with the opportunity to have the security of a sound plan … if a parent is incapacitated or dies."

Two attorneys from New York and Pennsylvania, states with Standby Guardianship laws, testified at the hearing about their states' positive experiences in using standby guardianships to ensure seamless legal transfers of children to trusted caregivers when the custodial parent is no longer able to provide care.

Committee Chairperson Allen introduced the "Standby Guardianship Act of 2001" on July 10, 2001. After the November 27 hearing, the next step in the legislative process is for the Committee on Human Services to refer the legislation out to the full Council.

In the meantime, the HIV/AIDS Clinic working with the Family Ties Project of the Consortium for Child Welfare will respond to questions raised by Chairperson Allen and Committee members during the hearing.